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Term of use
Overview and Important Definitions
The NorthStar learning express, the StarCatchers services provided by us (the Services) or the site in connection with the
Services (the Software) are
owned, operated and maintained, as applicable, by NorthStar learning express ("we", our or us).
By (1) using or accessing the site or the
Services; (2) paying for someone else to use or access the site or the Services, you agree to the terms and
conditions set forth below (Terms).
If you do not agree with these Terms, neither you nor your designee may access or use the site and
the Services. If you are a parent, guardian, or other person who enables a child to access the
Services, you agree to be
responsible for such child in case of damages or indemnification that could properly lie against a child, if
not for his or her age.
If someone else is paying for (or authorizing) your service, you agree to print this document and hand it to them.
We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately
upon posting to the site and your continued use of the site and Services constitutes your agreement to such modifications.
You agree to periodically review the current version of these Terms as posted on the site.
These Terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject
matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not
expressly granted herein are expressly reserved.
Services and their availability
Through our Services, site, we enable users to connect with independent contractor tutors ("Tutors") who provide live, one-to-one instruction,
tutoring, learning, and training services through our system. The Services include, without limitation, keeping track of users' tutoring activities
and taking feedback from users.
As part of the Services, we require all tutors to provide the documents that support their claimed qualification and criminal history.
You are solely responsible for all service, telephony, Internet access, and/or other fees and costs associated with your access to and use of the Services
and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.
The Services are available 365 days of each standard year, and 366 days of each leap year.
As an online service from NorthStar learning express may periodically be unavailable as we perform regular maintenance and
upgrades during the following times: Wednesdays from 1:00 a.m. to 5:00 a.m EST.
To use our Services, you will need to sign up an account through our site and pay any applicable fees.
When you sign up, the information you provide to us during the sign up process will help us in offering content and
customer service. You are solely responsible for maintaining the confidentiality of username(s) and
and for all activities and liabilities associated with or occurring under your username(s) and password(s).
You must notify us immediately of any unauthorized use of your username(s) or password(s) and any other breach of
and ensure that you logout of your account(s) at the end of each session. We cannot and will not be responsible for
any loss or damage
arising from your failure to comply with this requirement or as a result of use of your username(s) or password(s),
either with or without your knowledge. However, you could be held liable for losses incurred by us or another party
due to someone else
using your username(s) or password(s).
You may not transfer username(s) or password(s) to another person, and you may not use anyone else's username(s)
or password(s) at any time without the permission of the account holder. In cases where you have authorized or signed up
including a minor, to use your account(s), you are fully responsible for (a) the online conduct of such user;
(b) controlling the user's access
to and use of the Services; and (c) the consequences of any misuse. In the event that you permit a minor to use
your account(s), we reserve
the right to provide access to your account(s) and all information contained therein to such minor's parents, guardians
or other authorized
adults. All the financial transaction will be handled by PayPal sercure service related to credit card and debit card. For your safety,
please follow the paypal's policy.
to sign up an account with us are described below:
In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information
about yourself as
prompted by the Service's sign up form (such information being "Your Data"), (b) maintain and promptly update your data
to keep it true,
inaccurate, not current or
incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the
right to suspend or terminate
your account(s) and refuse any and all current or future use of the Services, or any portion thereof.
If you reside outside the Canada and United States, your account sign up indicates your explicit consent that the personal information
you have provided may be
transferred and stored in countries outside your home country including the Canada and United States. Your personal information
shall only be used in
All out programs are created for K12 students only. If you are not a K12 student, you need to contact our customer service to get the permission before you sign up for any of our programs. Any violation against this policy will result in your account closure without any refund.
Except your resume and supporting documents for your qualification
that you upload, any materials and information that are communicated or otherwise transmited or posted to us, the
site, the Services by any
means ("User Content") will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for
any purpose whatsoever,
including, but not limited to, quality control and professional development, as well as our developing, manufacturing,
and marketing our current
and/or future Services. By making available any User Content, you automatically grant and/or
warrant that the owner has
granted to us the perpetual royalty-free, non-exclusive, world wide right and license to use, reproduce, modify, publish,
display, and transmit the User Content for any purpose. You agree that we may record all or any part of any service sessions for quality control
and other purposes. We reserve the right to review the Service Sessions for
Notwithstanding anything to the contrary above, you agree that we own all transcripts of Service Sessions and all
comments that you may provide
to us on or through the site, the Services any other means as a part of user satisfaction or other similar surveys,
and that these Terms shall be
deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual
property rights therein to us.
We handle the resume and supporting document for your qualification that you upload according to our privicy policy.
You acknowledge that the Software, the technology underlying the Services, and all other materials within the site are protected,
without limitation, pursuant to U.S. and foreign copyright laws. Except as
expressly authorized by us or in these Terms, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate,
modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a
database, or in any manner commercially exploit the site, Company Content or the Services, in whole or in part. You will not, in any manner,
without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code
of, the Software or any other Company Content, the site or the Services. You may not store any significant portion of any Company Content or the
Services in any form, whether archival files, computer-readable files or any other medium. You may not "mirror" any Company Content or the
Services on any server. Any unauthorized or prohibited use of the Software, other Company Content, the site or the Services may subject the
offender to civil liability and criminal prosecution under applicable federal and state laws.
Links to third party
The site or the Services may provide links to other sites. Because we have no control over Third Party Sites, you acknowledge and agree that we
are not responsible for the availability of
Third Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials
on or available from Third Party Sites.
You may only access the site and use the Company Content and the Services for lawful purposes through the site itself. You shall not access the
content on the site through any technology or means other than the site itself. Content on the site is provided to you AS IS and for your personal use only.
You may not download, copy, modify, produce, reproduce, distribute, transmit, broadcast, display, sell, translate, publish or otherwise exploited for any
other purposes. Accessing the content on the site for any purpose not by normal functionality is prohibited.
You are solely responsible for the knowledge of and
adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You shall not upload to, distribute through, or
otherwise publish through the site or the Services any content that you do not have the right to transmit or that is libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, or that could constitute
or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. You agree that you will
not in any way: (a) interfere with the ability of others to access or use the Services; (b) disrupt the normal flow of communication or otherwise
act in a manner that negatively affects other users' ability to use the site or the Services; (c) claim a relationship with or to speak for any
individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or (d)
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies,
or regulations of networks connected to the Services. You agree that you will treat the tutors with respect and not use obscenities in the
communication, make threats, or discuss matters other than those directly related to the academic subject for which you seek help. You agree that
you will not disclose any information to a Tutor that could be considered personally identifiable information including your full name, address,
telephone number, email address, password or any other information that could be used to identify or locate you.
A violation of this agreement may lead to a suspension of your account. Similarly, you agree that you will not solicit any such information from
any tutor, and agree that if any tutor ever discloses such information to you, asks you for any personal information, or suggests any offline
meeting or conversation, you agree to immediately report this to us by phone and in writing.
You acknowledge that we may screen User Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any
User Content, including terminating tutoring sessions. Without limiting the foregoing, we have the right to remove any User Content that violates
these Terms or is otherwise objectionable. You agree and acknowledge that we may preserve User Content and may disclose User Content if required
to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce
these Terms, respond to claims that any User Content violates the rights of third parties or protect our rights, property or personal safety or
that of our users and the public.
Disclaimer of Warranty
THE COMPANY CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY
CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR
RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY
THIRD PARTY SITES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE
COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE
INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY
REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES
DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY
You agree to indemnify, defend and hold harmless us, and our officers, directors, agents, partners, employees, licensors,
representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors,
representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable
attorney's fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to
us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your
breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us
a notice with the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property
b. a description of the copyrighted work or other intellectual property that you claim has been infringed; c. a description of where the material
that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
and f. a statement by you, made under penalty of perjury, that the above information in your notice to us is accurate and that you are the
copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet,
data or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data from Canada, the United
States, or the country in which you reside.
We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these
Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to
you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.
Either party may terminate these Terms by providing the other with notice of such termination, which shall be effective immediately upon delivery
of such notice to the other party.
Purchase, Payment and Billing
When you add deposit to your account, we add them to your account balance. When you use our services, we
deduct the amount you spent from your account balance. You'll be able to connect to one of our professional tutors in Math, Science,
English or Social Studies 24 hours a day, 7 days a week. For your safety, all our credit card trasactions are handled by Paypal secure service.
You may also chose to add deposit to your account through online banking or sending us the personal check, money order, and cashier check.
For paying by credit card through PayPal service, the amount you paid may be available immediately, while payign through checks or online banking may
several days to be availabel depends on when we receive your money. In any case, if you have any remaining balance in your account when you close your
account, we will send your a check for this remaining balance within 4 weeks of the your account close.
While we are working to make you completely satisfied with our Service we know that occasionally you may have an unsatisfactory experience. This is
normal for a tutoring, learning, and training service as each student has his/her unique preference and each tutor has his or her own personal style,
background and expertise. If you find yourself in a session with a tutor you do not like working
with, we recommend that you politely end the session and change the tutor for your other coming sessions. A different tutor
may be better able to help you.
If you do have an unsatisfactory session, please let us know about your experience so that we may investigate and hopefully improve our service.
We would also like to credit your account for the amount that may have been charged during an unsatisfactory session. To report an
unsatisfactory session you may call us during business hours at 905-230-4933, or you may sign in to your account and use our online system.
We will then review the session and credit your account when appropriate. Please remember that our tutors will not give answers to questions
during online session!
They will only help you understand how you can solve problems for yourself. Accordingly, we do not give credit for sessions in which a student
demands that a tutor provide the answer. If you want an answer to your question, please use "ask question" section from our site.